Oklahoma 2026 Regular Session Status: In Committee 2 R cosponsors

SB 868 — Immigration policy; creating the Prohibition on Sanctuary Policies for Illegal Immigration Act. Effective date.

Last action — Coauthored by Representative Hays

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced February 03, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

82 added · 157 removed

Plain-language change summary

In the latest version of Senate Bill 868, the key changes include a new title for the legislation, which is now specifically called the "Prohibition on Sanctuary Policies for Illegal Immigration Act." Additionally, some previous sections have been refined to clarify the requirements for county correctional facilities in their agreements with federal immigration agencies. These changes matter because they aim to strengthen compliance with federal immigration laws and outline how local facilities must manage detainee transport and documentation, potentially impacting immigration enforcement in the state.

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STATE OF OKLAHOMA 2 1st Session of the 60th Legislature (2025) 3 SENATE BILL 868 By:
SENATE FLOOR VERSION March 4, 2025 3 SENATE BILL NO.
Frix 4 5 AS INTRODUCED 7 An Act relating to immigration policy;
868 By:
Frix and Jett of the Senate and Hill of the House 7 An Act relating to immigration policy;
Req.
SENATE FLOOR VERSION - SB868 SFLR Page 1 (Bold face denotes Committee Amendments) 1.
No.
“Federal immigration agency” means the United States Department of Justice and the United States Department of Homeland Security, a division within such an agency, including United States Immigration and Customs Enforcement and United States Customs and Border Protection, any successor agency, and any other federal agency charged with the enforcement of immigration law;
286 Page 1 1.
2.
“Federal immigration agency” means the United States 2 Department of Justice and the United States Department of Homeland 3 Security, a division within such an agency, including United States Immigration and Customs Enforcement and United States Customs and 5 Border Protection, any successor agency, and any other federal 6 agency charged with the enforcement of immigration law;
“Immigration detainer” means a facially sufficient written or electronic request issued by a federal immigration agency using that agency’s official form to request that another law enforcement agency detain a person based on probable cause to believe that the person to be detained is a removable alien under federal immigration law, including detainers issued pursuant to 8 U.S.C., Sections 1226 and 1357 along with a warrant described in subparagraph c of this section.
7 2.
“Immigration detainer” means a facially sufficient written or electronic request issued by a federal immigration agency using 9 that agency’s official form to request that another law enforcement agency detain a person based on probable cause to believe that the person to be detained is a removable alien under federal immigration law, including detainers issued pursuant to 8 U.S.C., Sections 1226 and 1357 along with a warrant described in subparagraph c of this section.
the federal immigration agency’s official form is complete and indicates on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law, or the federal immigration agency’s official form is incomplete and fails to indicate on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien Req.
the federal immigration agency’s official form is complete and indicates on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien under federal immigration law, or the federal immigration agency’s official form is incomplete and fails to indicate on its face that the federal immigration official has probable cause to believe that the person to be detained is a removable alien SENATE FLOOR VERSION - SB868 SFLR Page 2 (Bold face denotes Committee Amendments) under federal immigration law, but is supported by an affidavit, order, or other official documentation that indicates that the federal immigration agency has probable cause to believe that the person to be detained is a removable alien under federal immigration law, and b.
No.
the federal immigration agency supplies with its detention request a Form I-200 Warrant for Arrest of Alien or a Form I-205 Warrant of Removal/Deportation or a successor warrant or other warrant authorized by federal law;
286 Page 2 under federal immigration law, but is supported by an 2 affidavit, order, or other official documentation that 3 indicates that the federal immigration agency has probable cause to believe that the person to be 5 detained is a removable alien under federal 6 immigration law, and 7 b.
the federal immigration agency supplies with its detention request a Form I-200 Warrant for Arrest of 9 Alien or a Form I-205 Warrant of Removal/Deportation or a successor warrant or other warrant authorized by federal law;
“Sanctuary policy” means a law, policy, practice, procedure, or custom adopted or allowed by a state entity or local governmental entity which prohibits or impedes a law enforcement agency from Req.
“Sanctuary policy” means a law, policy, practice, procedure, or custom adopted or allowed by a state entity or local governmental entity which prohibits or impedes a law enforcement agency from SENATE FLOOR VERSION - SB868 SFLR Page 3 (Bold face denotes Committee Amendments) complying with 8 U.S.C., Section 1373 or which prohibits or impedes a law enforcement agency from communicating or cooperating with a federal immigration agency so as to limit such law enforcement agency in, or prohibit the agency from:
No.
a.
286 Page 3 complying with 8 U.S.C., Section 1373 or which prohibits or impedes 2 a law enforcement agency from communicating or cooperating with a 3 federal immigration agency so as to limit such law enforcement agency in, or prohibit the agency from:
complying with an immigration detainer, b.
5 a.
complying with a request from a federal immigration agency to notify the agency before the release of an inmate or detainee in the custody of the law enforcement agency, c.
complying with an immigration detainer, 6 b.
complying with a request from a federal immigration 7 agency to notify the agency before the release of an inmate or detainee in the custody of the law 9 enforcement agency, c.
This subsection Req.
This subsection SENATE FLOOR VERSION - SB868 SFLR Page 4 (Bold face denotes Committee Amendments) applies to an official, representative, agent, or employee of the entity or agency only when he or she is acting within the scope of his or her official duties or within the scope of his or her employment.
No.
2.
286 Page 4 applies to an official, representative, agent, or employee of the 2 entity or agency only when he or she is acting within the scope of 3 his or her official duties or within the scope of his or her employment.
Except as otherwise expressly prohibited by federal law, a state entity, local governmental entity, or law enforcement agency, or an employee, an agent, or a representative of the entity or agency, may not prohibit or in any way restrict a law enforcement agency from taking any of the following actions with respect to information regarding a person’s immigration status:
5 2.
Except as otherwise expressly prohibited by federal law, a 6 state entity, local governmental entity, or law enforcement agency, 7 or an employee, an agent, or a representative of the entity or agency, may not prohibit or in any way restrict a law enforcement 9 agency from taking any of the following actions with respect to information regarding a person’s immigration status:
Req.
SENATE FLOOR VERSION - SB868 SFLR Page 5 (Bold face denotes Committee Amendments) 3.
No.
286 Page 5 3.
For purposes of this subsection, the term “applicable 2 criminal case” means a criminal case in which:
For purposes of this subsection, the term “applicable criminal case” means a criminal case in which:
3 (1) the judgment requires the defendant to be confined in a secure correctional facility, and 5 (2) the judge:
(1) the judgment requires the defendant to be confined in a secure correctional facility, and (2) the judge:
6 (a) indicates in the record that the defendant 7 is subject to an immigration detainer, or (b) otherwise indicates in the record that the 9 defendant is subject to a transfer into federal custody.
(a) indicates in the record that the defendant is subject to an immigration detainer, or (b) otherwise indicates in the record that the defendant is subject to a transfer into federal custody.
If the information specified in subdivision a of division 2 of subparagraph a of this paragraph or subdivision b of division 2 of subparagraph a of this paragraph is not available at the time the sentence is Req.
If the information specified in subdivision a of division 2 of subparagraph a of this paragraph or subdivision b of division 2 of subparagraph a of this paragraph is not available at the time the sentence is SENATE FLOOR VERSION - SB868 SFLR Page 6 (Bold face denotes Committee Amendments) pronounced in the case, but is received by a law enforcement agency afterwards, the law enforcement agency shall notify the judge, who shall issue the order provided for in subparagraph b of this paragraph as soon as the information becomes available.
No.
4.
286 Page 6 pronounced in the case, but is received by a law 2 enforcement agency afterwards, the law enforcement 3 agency shall notify the judge, who shall issue the order provided for in subparagraph b of this paragraph 5 as soon as the information becomes available.
A state entity, local governmental entity, or law enforcement agency that withholds information regarding the immigration information of a victim of or witness to a criminal offense pursuant to paragraph 8 of this subsection shall document the victim’s or witness’s cooperation in the entity’s or agency’s investigative records related to the offense and shall retain the records for at least ten (10) years for the purpose of audit, verification, or inspection by the Auditor General.
6 4.
A state entity, local governmental entity, or law 7 enforcement agency that withholds information regarding the immigration information of a victim of or witness to a criminal 9 offense pursuant to paragraph 8 of this subsection shall document the victim’s or witness’s cooperation in the entity’s or agency’s investigative records related to the offense and shall retain the records for at least ten (10) years for the purpose of audit, verification, or inspection by the Auditor General.
A law enforcement agency shall obtain judicial Req.
A law enforcement agency shall obtain judicial SENATE FLOOR VERSION - SB868 SFLR Page 7 (Bold face denotes Committee Amendments) authorization before securely transporting an alien to a point of transfer outside of this state.
No.
6.
286 Page 7 authorization before securely transporting an alien to a point of 2 transfer outside of this state.
This section does not require a state entity, local governmental entity, or law enforcement agency to provide a federal immigration agency with information related to a victim of or a witness to a criminal offense if the victim or witness timely and in good faith responds to the entity’s or agency’s request for information and cooperation in the investigation or prosecution of the offense.
3 6.
This section does not require a state entity, local governmental entity, or law enforcement agency to provide a federal 5 immigration agency with information related to a victim of or a 6 witness to a criminal offense if the victim or witness timely and in 7 good faith responds to the entity’s or agency’s request for information and cooperation in the investigation or prosecution of 9 the offense.
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Each county correctional facility shall enter into an agreement or agreements with a federal immigration agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining Req.
Each county correctional facility shall enter into an agreement or agreements with a federal immigration agency for temporarily housing persons who are the subject of immigration detainers and for the payment of the costs of housing and detaining SENATE FLOOR VERSION - SB868 SFLR Page 8 (Bold face denotes Committee Amendments) such persons.
No.
A compliant agreement may include any contract between a correctional facility and a federal immigration agency for housing or detaining persons subject to immigration detainers, such as basic ordering agreements in effect on or after July 1, 2019, agreements authorized by Section 287 of the Immigration and Nationality Act, 8 U.S.C., Section 1357, or successor agreements and other similar agreements authorized by federal law.
286 Page 8 such persons.
A compliant agreement may include any contract 2 between a correctional facility and a federal immigration agency for 3 housing or detaining persons subject to immigration detainers, such as basic ordering agreements in effect on or after July 1, 2019, 5 agreements authorized by Section 287 of the Immigration and 6 Nationality Act, 8 U.S.C., Section 1357, or successor agreements and 7 other similar agreements authorized by federal law.
Any executive or administrative state, county, or 9 municipal officer who violates his or her duties under this chapter may be subject to action by the Governor in the exercise of his or her authority under the Oklahoma Constitution and state law.
Any executive or administrative state, county, or municipal officer who violates his or her duties under this chapter may be subject to action by the Governor in the exercise of his or her authority under the Oklahoma Constitution and state law.
Req.
SENATE FLOOR VERSION - SB868 SFLR Page 9 (Bold face denotes Committee Amendments) 4.
No.
An order approving a consent decree or granting an injunction must include written findings of fact that describe with specificity the existence and nature of the sanctuary policy that violates this chapter.
286 Page 9 4.
5.
An order approving a consent decree or granting an 2 injunction must include written findings of fact that describe with 3 specificity the existence and nature of the sanctuary policy that violates this chapter.
If the Governor finds that a local governmental entity or local law enforcement agency has violated this chapter, the Governor may suspend any state funding set to be distributed to that local governmental entity or local law enforcement agency until a court enjoins the unlawful sanctuary policy.
5 5.
If the Governor finds that a local governmental entity or 6 local law enforcement agency has violated this chapter, the Governor 7 may suspend any state funding set to be distributed to that local governmental entity or local law enforcement agency until a court 9 enjoins the unlawful sanctuary policy.
60-1-286 CN 1/19/2025 5:44:55 AM Req.
COMMITTEE REPORT BY:
No.
COMMITTEE ON JUDICIARY March 4, 2025 - DO PASS SENATE FLOOR VERSION - SB868 SFLR Page 10 (Bold face denotes Committee Amendments)
286 Page 10
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Action History

  1. Coauthored by Representative Hays

  2. Placed on General Order

  3. Coauthored by Senator Jett

  4. Reported Do Pass Judiciary committee; CR filed

  5. Second Reading referred to Judiciary

  6. Coauthored by Representative Hill (principal House author)

  7. Authored by Senator Frix

  8. First Reading

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 149 not signed on · 2 voted No

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

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Frequently asked questions

Who sponsors SB 868?
SB 868 is sponsored by Avery Frix (Republican) and Brian Hill (Republican).
What is the current status of SB 868?
This bill is in committee in the Senate. Introduced February 03, 2025. It must pass committee before a floor vote.
Where can I track SB 868?
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